NISHA DEVLIYA Vs. NANDANI MISHRA

JUDGEMENT

(1.) This civil revision under Sec. 115 of CPC has been filed by the petitioners/defendants challenging order dtd. 14/10/2023 passed by 22nd District Judge, Indore in E.P. No.02/2022 whereby learned trial court dismissed the application filed by petitioners under Order 7 Rule 11 of CPC.

(2.) Learned senior counsel for the petitioner/defendant, after referring to relevant provisions of M.P. Municipal Corporation Act, 1956; M.P. Nagar Palika Nirvachan Niyam, 1994 and Representation of Public Act, 1951, submits that columns of affidavit/verification are required to be duly filled. Learned senior counsel for petitioner/defendant submits that he filed application under Order 7 Rule 11 of CPC, primarily with respect to absence of cause of action and plaint is barred by law. This application appears to have been filed under Order 7 Rule 11 (a)(d) of CPC. It is submitted that information provided in the affidavit should be true/correct and no part of it should be false. Further, no material fact should be concealed.

(3.) Learned senior counsel for the petitioner, after referring to information provided by the petitioner/defendant with respect to immovable property of petitioner as well as her husband, submits that no material facts have been concealed and concised material facts have been stated in the affidavit/verification. All immovable properties have been disclosed and there is nothing on record to show that any tax/dues were due in the year 2022. It is also urged that in the affidavit filed by the petitioner, in appropriate column, "Zero" is mentioned which indicates that no dues were pending. Material facts relating to cause of action have not been pleaded in the plaint. Application filed under Order 7 Rule 11 of CPC cannot be dismissed on the ground that suit is nearing completion. Relying upon decision delivered in the case of Dahiben Vs. Arvindbhai Kalyanji Bhanusali (Gajra) Dead through LRs and others, 2020 (7) SCC, 366, it is urged that it can be filed at any stage.